Rajasthan High Court - Jodhpur

Rajat Chaturvedi vs The State Of Rajasthan ... on 8 January, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 40/2025

1. Rajat Chaturvedi S/o Rajendra Chaturvedi, Aged About 30 Years, R/o Vpo Gadola, Tehsil And District Pratapgarh, Rajasthan. (Blis)

2. Shanti Lal Ninama S/o Jeevan Lal Ninama, Aged About 39 Years, R/o Ward No. 09, Vpo Koopada, District Pratapgarh, Rajasthan (Blis)

3. Arjun Lal Patidar S/o Kanwar Lal Patidar, Aged About 37 Years, R/o Vpo Gadola, District Pratapgarh, Rajasthan. (Blis)

4. Pukhraj Nayak S/o Amba Lal Nayak, Aged About 46 Years, R/o Vpo Gadola, District Pratapgarh, Rajasthan. (Blis)

5. Ramesh Meena S/o Gordhan Lal Meena, Aged About 41 Years, R/o Village Govindpuri, Post Semli Gram Panchayat Ghatakhedi, Tehsil Chhabra, District Baran, Rajasthan. (Blis)

6. Laxmi Chand Lodha S/o Dhanna Lal Lodha, Aged About 39 Years, R/o Gram Manak Chok, Post Bapcha, Tehsil Chhabra, District Baran, Rajasthan (Clis)

7. Hari Charan Yadav S/o Narayan Singh, Aged About 35 Years, R/o Village Patan, Post Sanwara, Tehsil Shahabad, District Baran, Rajasthan (Clis)

8. Durga Yadav S/o Bhika Ram, Aged About 39 Years, R/o Villgae Faredua Talahti, Post Bayal, Tehsil Shahabad, District Baran, Rajasthan (Clis)

9. Sanjay Kumar Sharma S/o Kailash Narayan Sharma, Aged About 36 Years, R/o Village Hadapura, Post Beel Kheda Dang, Tehsil Shahabad, District Baran, Rajasthan (Clis)

10. Jitendra Singh Chauhan S/o Bhairu Singh Chauhan, Aged About 46 Years, R/o Village Faredua Upreti, Tehsil Shahabad, District Baran, Rajasthan (Clis)

11. Santosh Kumar Mehta S/o Raghuveer Singh Mehta, Aged About 39 Years, R/o Vpo Batawada Par, Tehsil Chhabra, District Baran, Rajasthan (Blis)

12. Nayab Akhtar S/o Shekh Mohammad, Aged About 55 Years, R/o Ward No. 6, Vpo Gardi Mohalla, Chhabra, District Baran, Rajasthan (Bped)

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13. Jagmohan Lodha S/o Babu Lal, Aged About 39 Years, R/o Village Fezpura, Post Kulinjara, Tehsil Chhabra, District Baran, Rajasthan. (Clis)

14. Banshi Lal Kahar S/o Kajod Mal Kahar, Aged About 30 Years, R/o Chouth Mata Ka Barra Dugari, District Bundi, Rajasthan. (Dlis)

15. Nirmla Sharma D/o Tiku Ram Sharma, Aged About 31 Years, R/o Gram Panchayat Lunsra, Panchayat Samiti Mundwa, District Nagaur, Rajasthan. (Blis)

16. Sharda W/o Girdhari Lal, Aged About 32 Years, R/o 47 Nimba Ka Bas Maulasar, District Didwana - Kuchaman, Rajasthan (Clis)

17. Leela Sharma D/o Damodar Lal Sharma, Aged About 36 Years, R/o Gram Panchayat Udrasar, Panchayat Samiti Ladnun, District Didwana - Kuchaman, Rajasthan. (Clis)

18. Anju D/o Shankar Lal, Aged About 31 Years, R/o Ward No.6 Vpo Chhapanwali, Tehsil Sadulsahar, District Sri Ganganagar, Rajasthan. (Blis)

19. Dharamveer S/o Ranjeet Kumar, Aged About 38 Years, R/ o Village Chak 16-17 Sds, Gram Panchayat Budhravali, Tehsil Sadulsahar, District Sri Ganganagar, Rajasthan. (Blis)

20. Suman Devi D/o Shri Dharm Pal, Aged About 39 Years, R/ o Village Panniwali Jattan, Tehsil Sadulsahar, District Sri Ganganagar, Rajasthan. (Blis)

21. Mamta Rani D/o Lal Chand, Aged About 36 Years, R/o Village Rawla- Mandi, Ward No. 05 8Psd B, Tehsil Rawla - Mandi, District Sri Ganganagar, Rajasthan (Blis)

22. Gurtej Singh S/o Baljeet Singh, Aged About 39 Years, R/o Ward No. 18, Vpo Dhaban, Tehsil Sangaria, District Hanumangarh, Rajasthan. (Clis)

23. Krishan Lal S/o Gopi Ram, Aged About 38 Years, R/o Gram 3Rtm, Vpo 65 Gb, Tehsil And District Anoopgarh, Rajasthan (Clis)

24. Vivek S/o Chander Pal, Aged About 41 Years, R/o Ward No.34, Anoopgarh, District Anoopgarh, Rajasthan. (Clis)

25. Jeka Ram S/o Setha Ram, Aged About 40 Years, R/o Chak-5 Rtm, Post 74 Gb, Tehsil And District Anoopgarh, Rajasthan. (Clis)

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26. Rajendra Singh Meena S/o Amba Lal Meena, Aged About 49 Years, R/o Vpo Sanwatgarh, Tehsil Deoli, District Tonk, Rajasthan. (Clis)

27. Saroj D/o Babu Puri, Aged About 34 Years, R/o 5B 147 Kbhb, District Jodhpur, Rajasthan. (Dlis)

28. Chandra Shekhar Menariya S/o Vijay Lal Menariya, Aged About 45 Years, R/o Vpo Menar Vaya Kheroda, Tehsil Vallabh Nagar, District Udaipur, Rajasthan (Cped)

29. Kamlesh Kumar Yadav S/o Pooran Mal Yadav, Aged About 51 Years, R/o Vpo Badiyal Khurd, Tehsil Baswa, District Dausa, Rajasthan (Clis)

30. Raju Swami S/o Bhadar Ram, Aged About 38 Years, R/o Thakur Ji Mandir Ke Pass Rampura Matoria, District Hanumangarh, Rajasthan (Blis)

31. Sant Ram Godara S/o Mamraj, Aged About 53 Years, R/o Ward No.5, Hardaswali, 4Jbd, District Hanumangarh, Rajasthan (Blis)

----Petitioners Versus

1. The State Of Rajasthan, Through Its Principal Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The Joint Secretary (Admn.), Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

3. The Deputy Secretary, Department Of Elementary Education, Government Of Rajasthan, Secretariat , Jaipur (Raj.).

4. The Director, Elementary Education, Rajasthan, Bikaner (Raj.).

5. The District Education Officer, Headquarters, Elementary Education, Pratapgarh (Raj.).

6. The District Education Officer, Headquarters, Elementary Education, Baran (Raj.).

7. The District Education Officer, Headquarters, Elementary Education, Bundi (Raj.).

8. The District Education Officer, Headquarters, Elementary Education, Nagaur (Raj.).

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9. The District Education Officer, Headquarters, Elementary Education, Didwana - Kuchaman (Raj.).

10. The District Education Officer, Headquarters, Elementary Education, Sri Ganganagar (Raj.).

11. The District Education Officer, Headquarters, Elementary Education, Hanumangarh (Raj.).

12. The District Education Officer, Headquarters, Elementary Education, Anoopgarh (Raj.).

13. The District Education Officer, Headquarters, Elementary Education, Tonk (Raj.).

14. The District Education Officer, Headquarters, Elementary Education, Udaipur (Raj.).

15. The District Education Officer, Headquarters, Elementary Education, Dausa (Raj.).

----Respondents

For Petitioner(s) : Mr. Vikram Singh Bhawla

JUSTICE DINESH MEHTA

Order

08/01/2025

1. Learned counsel for the petitioners submitted that identical

writ petition being S.B. Civil Writ Petition No.1590/2024

(Praveen Kumar Paliwal Vs. State of Rajasthan & Ors.) has

been disposed of by co-ordinate Bench of this Court vide order

dated 02.02.2024.

2. Learned counsel prayed that similar order be passed in

petitioners' case also.

3. In case of Praveen Kumar Paliwal (supra), a co-ordinate

Bench of this Court has observed as under:-

1. Grievance of the petitioners herein, arises out of the inaction/non-consideration on the part of the respondents

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to consider their claim of re-fixation of their monthly pay at the rate of Rs.16,900/- as against Rs.10,400/- which is being currently paid, notwithstanding that the Director, Elementary Education, Rajasthan vide a letter dated 24.04.2023 recommended their case favourably to Deputy Secretary(Admn.), Department of Elementary Education, Government of Rajasthan.

2. They also rely a judgment rendered by this Court in case of Jassa Ram Choudhary and Ors. Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 17901/2023) decided on 09.11.2023 pursuant whereto, similarly situated counter parts have been accorded benefit. They claim that despite their passing the requisite qualification of B.L.I.S., D.L.I.S and C.L.I.S., they are not being considered eligible for appointment as physical education teachers in the Elementary Education Department in the higher pay bracket as aforesaid.

3. Learned counsel for the petitioners at the outset submits that qua the aforesaid grievance, the petitioner also submitted representation (Annexure-7) before the competent authority for redressal thereof, which has remained pending till date without being taken up for passing any orders either way, therefore, the competent authority be directed to decided the same by passing appropriate administrative orders expeditiously.

4. Request seems to be fair.

5. Given the nature of order which is being passed, no prejudice would be caused to the respondents and, therefore, the requirement of issuance of notice is dispensed with as no return is required to be filed by them.

6. In the aforesaid premise, the writ petition is disposed of. The respondent competent authority is directed to decide the pending representations of the petitioner (Annexure-7) by passing an appropriate administrative order, in accordance with law.